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(1) Constitution of Municipal Board-There
shall be established for each municipality of a body of Commissioners designated as the
Municipal Board having authority over the municipality Such a Board shall be a body
corporate by the name of the Municipal Board of having perpetual succession and a common
seal, and by that, name shall sue and be sued.
(2) Number of
Commissioners- (a) the number of Commissioners of each Municipal Board shall be such
as the State Government may, by notification determine in this behalf:
Provided that the number of Commissioners shall in no
case be more than thirty or less than ten.
(b) The State Government may appoint Government
servants as expert advisers who shall have the right to attend and speak at all meetings
of the Board but not the right to vote. Such expert advisers shall not be deemed to be
Commissioners for the purposes of this Act.
(c) Of the total number of Commissioners as
determined under sub-section (1), not more than two may be appointed by the State
Government to represent Scheduled Castes, Scheduled Tribes and other socially and
educationally Backward classes and the remainder shall be elected. The State Government
may at any time, direct that all the Commissioners of any Municipal Board shall be
elected.
(d) The Scheduled Castes and Scheduled Tribes specified
under Articles 341 and 342 of the Constitution of India and the specially and
educationally Backward Classes as notified from time to time by the State Government,
shall be deemed to be the Scheduled Castes. Scheduled Tribes and the socially and
educationally Backward Classes respectively within the meaning of this Act.
(3) Election of Commissioner
- The election of Commissioners shall be conducted in accordance with rules
prescribed under this Act.
(4) Power to divide
municipality into wards and to fix the number of Commissioners of each ward. - The
State Government may in case of new municipalities of its own motion, and in case of
municipalities already in existence at the time the notification is made after
consideration of the views of the Board at a meeting, by notification divide a
Municipality into wards for the purpose of the election of Commissioners and determine the
number of Commissioners to be elected from each such ward.
(5) Qualification of voters-Every
person of the full age of twenty-one years being a citizen of India, who has been for a
period of not less than twelve months immediately before the 1st of January of the year
for which the Municipal electoral roll is being prepared, hereinafter referred to as
"the prescribed date", resident within the limits of a Municipality and occupies
a holding assessed to tax under Section 68 of the Act or an inhabitant thereof, and who-
(i) has during the twelve months immediately
preceding the pre- scribed date paid in respect of any rates an aggregate amount of not
less than one rupee, or
(ii) is a member of joint family of which any member
is voter under item (i) or
(iii) being a graduate of any University, or having
passed the Intermediate or Matriculation Examinations of the Gauhati or any other
University, or the corresponding standard of the same or any other University, or Middle
English or Middle Vernacular or an equivalent examination or senior or junior Madrassa
Examination under the old or reformed scheme, or the Sanskrit Title Examination of the
Calcutta Assam Sanskrit Association or having read up to Class VII of a High School or
being a registered medical practitioner under the Assam Medical Act.1916 (Act I of 1916)
or being an Advocate of holding a certificate authorizing a person to practice as a
Pleader or as a Mukater or as a revenue agent, occupies a holding or part of a holding, in
respect of which there has been paid, during the twelve months aforesaid in respect of any
rates an aggregate amount of not less than one rupee, or
(iv) is a manager or person-in-charge of a company,
firm society or business owning or occupying any land or building within the limits of the
municipality if the company, firm society or business possesses the qualifications set
forth clause (I); shall on registration the prescribed manner be qualified to vote at the
election of the Commissioners of such Municipality:
Provided that notwithstanding anything here in
before contained, if in any area which shall have been included within any municipality
under clause (b) of sub-section (2) of Section 5, hereafter referred to as the said area;
no person has been able to pay any tax assessed under Section 68 in respect of the
holdings in the said area before the prescribed date the State Government if it is
satisfied that such non-payment has been due to the assessment not being completed in
time, may by notification declare that no person in the said area occupying such a
holding, in any manner, shall be disqualified to be registered by reason only of the fact
that no tax has been paid in respect of such a holding and such person on registration
shall be qualified in vote at the election of the Commissioners of such municipality.
(6) Ineligibility for election.
- No person shall be eligible for election as Commissioner of a Municipal Board if such
person-
(i) is not entitled to vote at the election of
Commissioners of the Municipal Board, or
(ii) has been adjudged by a competent court to be of
sound mind, or
(iii) is an uncertificated bankrupt or an
undischarged insolvent, or
(iv) has during the four years immediately preceding
the date of the election been convicted be a Criminal Court of an offence involving a
Sentence of transportation or imprisonment for an offence involving moral turpitude, or of
an offence under Chapter IX-A of the Indian Penal Code (Act XLV of 1960), or served any
portion of a sentence on such conviction, or has been ordered by a Criminal Court to
furnish security for good behaviour under the Code of Criminal Procedure ( Act V of 18-8)
unless such conviction or order has been set aside, or such offences pardoned by competent
authority, or
(v) has been declared by notification to be
disqualified for employment in the public service, or
(vi) has during the four years immediately proceeding
the date of election been debarred from practicing as a legal practitioner by order of any
competent authorities, or
(vii) is a salaried servant of Government or is an
employee of any Local Authority, or
(viii) is in arrear for more than three months on the
date of submission of nomination paper of any dues to the municipality including in
respect of the bolding of which he is a resident or occupants
(7) Proceedings to set a side
an election-If the validity of an election of a Commissioner is brought in question by
an unsuccessful candidate or person qualified to vote at the election to which such
question refers, such person may, at any time within twenty-one days after the date of the
declaration of the result of the election file a petition in the prescribed manner before
the District Judge of the district within which the election has been or should have been
held and in the case of the Shillong Municipality to the District Judge, Lower Assam
District, and shall at the same time deposit one hundred rupees in court as security for
the costs likely to be incurred:
Provided that the Deputy Commissioner or the
Sub-divisional Officer, as the case may be, authorised by the State Government to receive
election petitions on behalf of the District Judge for transmission to him:
Provided further that the validity "of such
election shall not be questioned in any such petition-
(a) on the ground that the name of any person
qualified to vote has been omitted from the electoral roll: or
(b) on the ground that the name of any person
not qualified to vote has been inserted in the electoral roll; or
(c) on the ground of acceptance or refusal of
nomination of candidates provided further that an appeal in the manner prescribed shall be
to the District Judge against such acceptance or refusal of nomination.
(8) Procedure and powers of
Judge holding enquiry. -(1) Where a petition has been filed under Section 16 the
District Judge, or any judicial officer subordinate to him and not below the rank of a
Subordinate Judge other than an officer exercising the powers of a Subordinate Judge
ex-officio (hereinafter referred to in this chapter as the Judge) to whom the District
Judge may transfer the petition, may after holding such inquiry as he deems necessary, in
accordance with the prescribed procedure and subject to the provisions of Section 18 and
19, pass an order confirming or amending the declared result of the election or setting
the election aside,
(2) For the purposes of the said inquiry the Judge
may summon and enforce the attendance of witnesses and compel them to produce documents or
articles in their possession and to give evidence as if he were a Civil Court, and may
also direct by whom the whole or any part of the costs of such inquiry shall be paid and
such costs shall be recoverable as if they had been awarded in a suit under the Code of
Civil Procedure, 1908 (Act V of 1908).
(3) The Judge may, at any stage of the proceedings
requires the petitioner to deposit in Court a further sum at the costs incurred or likely
be incurred by any respondent, or to give security, or further security, for the payment
of the same, and if, within the time fixed by him; or within such further time as he may
allow, such costs are not deposited or such security is not furnished, as the case may be,
may dismiss the petition.
(4) An appeal shall be to the District Judge from any
decision or order of a Subordinate Judge, and a decision or order of the District Judge,
either when he has himself made the enquiry or an appeal, shall be final.
(9) Setting aside of
election.-(1) If the judge after holding an enquiry is satisfied that-
(a) the election of a
returned candidate has been procured or induced, or the result of the election has been
materially affected, by a corrupt practice or
(b) the election has not been a free election
by reason of the general employment or bribery or undue influence as defined in Chapter
IX-A of the Indian Penal Code (Act XLV of I 1860), or by reason of any form of genera1
intimidation, including any form of social boycott, or
(c) the result of the election has been
materially affected by any non-compliance with the provisions of this Act or the rules
made thereunder or by any mistake in the use of any form prescribed for an election or by
any error, irregularity or informality on the part of any officer charged with or carrying
out any duty under this Act or rules made thereunder; he shall declare the election of
such candidate to be void and if the election is set aside for any cause which is the
result that of acts of a candidate or his agents may declare that candidate to be
disqualified for the purpose of such fresh election as may be held under Section 22.
(2) If, after any such inquiry, the Judge is of
opinion that a returned candidate has been guilty, by an agent (other than his election
agent) or any other person of any corrupt practice which does not amount to any form of
bribery other than treating hereinafter explained or to the procuring or abetment or
personation, and if the Judge is also of opinion that the candidate has satisfied him
that-
(a) no corrupt practice was commuted at such election
by the candidate or his election agent and the control practices which were found by the
Judge to have been committed Were of a trivial, unimportant and limited character and were
committed contrary to the orders and without the sanction or connivance of such candidate
or his election agent, and
(b) in all other respects the election was free from
any corrupt practice on the part of such candidate or any of his agents, than the Judge
may find that the election of such candidate is not void.
Explanation- For the,
purposes of this sub-section, "treating" means the incurring in whole or in part
by any person of the expense of given or providing any food drink, entertainment or
provision to any person with the object, directly or indirectly, of inducing him or any
other person to vote or refrain from voting or as a reward for having voted or refrained
from voting.
(10) Scrutiny of votes and
declaration in other cases -If, in any case to which Section I does not apply, the
validity of an election is in dispute between two or more candidates the Judge shall,
after scrutiny and computation of the votes recorded in favour of each such candidate,
declare the candidate Who is found to have the greatest number of valid votes in his
favour to hove been duly elected:
Provided that for the purpose of such
computation no vote shall be reckoned as valid if the Judge finds that any corrupt,
practice was committed by any person, known or unknown, in giving or obtaining it.
(11) Disqualification of
persons from being candidates who commit corrupt practices. - If the Judge sets aside
an election under Section 18. he may, if he thinks fit, declare any person by whom a
corrupt practice has in his opinion been committed to be disqualified from being a
candidate for election in that or any other municipality for a period not exceeding five
years, from the date of decision, and the Judge's decision shall be final.
(12) Saving of acts done by a
Commissioner before his election is set aside. -Where a candidate, who has been
elected to be a Commissioner, is declared by the Judge not to have been duly elected, acts
done by him in execution of the office before the time when the decision is communica1ed
to the Board shall not be invalidated by reason of that declaration
(13) Fresh election when
election set aside.- If an election is set aside by the Judge, a case shall forthwith
be fixed and the necessary steps taken for holding a fresh election for filling up the
vacancy, as though it had been a casual vacancy.
(14) Bar to interference by
courts in election matters –No election of a Commissioner shall be ca1led in
question in any Court except under the procedure provided by this Act. and no order passed
in any proceeding under Sections 16 to 20 (both inc1usive), shall be called in question in
any Court and no Court shall grant an injunction-
(i) to postpone an election, or
(ii) to prohibit a person, declared to have
been duly elected under this Act, from taking part in the proceedings of a Municipal Board
of which he has been elected a Commissioner , or
(iii) to prohibit the Commissioners formally
elected or appointed to a Municipal Board from entering upon their duties.
(15) Appointed
Commissioners in newly created municipalities- Notwithstanding anything in the
foregoing, sections of this chapter, the State Government, while constituting any new
Municipa1ity after the passing of this Act, may appoint all the Commissioners of that
Municipality until the general election is held.
(16) Taking of oath-: (l)
Every person who is elected or appointed to be a Commissioner of a Board, shall before,
taking his seat make at a meeting of the Board all oath or affirmation of his allegiance
to the Union of India in the following form, namely:
(1) A. B., having
been elected or appointed a Commissioner of this Board do swear in the name of God (or
solemnly affirm) that I will bear true faith and allegiance to the Constitution of India
as by law established, and will faithfully discharge the duty upon which I am about to
enter.
(2) Any person
having been elected or appointed a Commissioner fails to make, within three months from
the date of the first meeting of the Board the oath or affirmation laid down in
sub-section (1), shall cease to hold his office, and his seat shall be deemed to have
become vacant.
(17) General election and
terms of office of Commissioners. -(l) Except as otherwise provided in this Act, the
term of the elected and appointed Commissioners shall be four years from the date of the
date of the first meeting of newly constituted Board after a general election of which a
quorum is present or till the expiry of the period by which the term is extended under
sub-section (4), whichever is later. Election shall be held before the expiry of the term
but not earlier than three months before such unpiry.
(2) The Commissioner of Division
sha11 cause the results of the general election to be published in the Gazette and the
date of the Gazette containing the publication shall be deemed to be the date of
completion of the general election.
(3) the term of four years referred
to in sub-section (1) shall be held to inchoce any period which may elapse between the
expiry of the said four years and the date of the first meeting of the newly constituted
Board at which a quorum is present.
(4) The State Government may, by
notifica1ion, for sufficient cause to be stated therein, direct, from time, to time, that
the term of office of the Commissioner be extended by such period nos. exceeding one year
at a time, as may be specified in the notification, provided that the total period of such
extension shall not exceed to years.
(5) If the term of the office of
the Commissioner of a Board expires and for any reason the election as provided in
sub-section (I) cannot be held, the Board shall be deemed to have been dissolved under
Section 298 with effect from the date of expiry of the term of the Commissioners and
thereafter the provisions of Section 299 shall apply to the Board.
(18) Resignation of
Chairman, Vice-Chairman or Commissioners. -(l) As appointed Chairman of a municipality
may resign by notifying in writing his in connection to do so to the State Government
through the Commissioner of Division and on such resignation being accepted shall be
deemed to have vacated his office.
(2) An elected Chairman may resign by
laying notice in writing of his intention to do so before the Board at a meeting with
intimation to the District Magistrate and the Commissioner of Division. The Chairman shall
cease to hold office on his laying such notice.
(3) A Vice-Chairman or a Commissioner may
resign by writing under his hand addressed to the Chairman and thereupon the Vice-
Chairman or the Commissioner, as the case may be, shall be deemed to have vacated the
office as such. The Chairman shall forthwith in form the Deputy Commissioner or the
Sub-divisional Officer, as the case may be of the resignation and also inform the next
meeting of the Municipal Board or Town Committee of such fact.
(19) Removal or
Chairman and Vice-Chairman-(1) The State Government may at any time remove a Chairman
appointed by it.
(2) An elected Chairman or
Vice-Chairman may be removed from his office by a resolution of the Board in favour of
which not less than half of the whole number of Commissioners shall have given their votes
at a meeting specially convened for the purpose.
(3) The State Government after
giving an opportunity to explain, may remove the Chairman or Vice-Chairman from his Office
if he is persistently omitting or refusing to carry out or disobeying the provision of
this Act and the rules thereunder or any lawful orders issued thereunder or he becomes
incapable of so acting or is declared insolvent or is convicted by a Criminal Court for
any offence involving moral turpitude.
(20) Removal or
Commissioners- (l) The State Government may remove any elected Commissioner on the
ground of his misconduct in the discharge of his duties if the removal is recommended by a
resolution of the Board passed at a special meeting called for the purpose and supported
by the municipality.
(2) The State Government may remove
any Commissioner-
(a) if he ceases to reside within the municipality continuously for a period of twelve
months, or
(b) if he refuses to act or becomes incapable of acting as a Commissioner, or if he has
been declared by the State Government by notification to have violated his oath or
affirmation of allegiance, or
(c) if without an excuse sufficient in the opinion of the State Government he absents
himself from four consecutive meetings of the Board or
(d) if, being a legal practitioner, he appears against the Board before any Court in his
professional capacity in any case instituted by or against the Board, or
(e) if he becomes subject to any of the disabilities stated in clauses (ii), (iii), (iv),
(v) and (vi) of Section, 5, or
(f) if he has, within the meaning of Section 55 knowingly acquired or continued to hold
without the permission in writing of the State Government, directly or indirectly, or by a
partner, any share or interest in any contract or employment with, by or on behalf of the
Board, or
(g) if he is in arrears of any kind of dues to the municipality for more than six months
after a bill or a notice has been duly served upon him.
(3) The State Government may, after
consultation with the Board, remove any Commissioner if his continuance in office is in
its opinion dangerous to the public peace or order or likely to bring the administration
of the Board into contempt:
Provided that no Commissioner shall
be removed under sub-section (1) or sub-section (2) or sub-section (3) unless he has been
given an opportunity of showing cause against such order of removal,
(21)
Eligibility for election or re-election of Commissioners removed from office.--No
Commissioner of a Board who has been removed from his office under sub-section (1) or
under clause (b), (c), (d), (e}, (f) or (g) of sub-section (l) or under sub-section (3) of
Section 29 shall be eligible for election or re-election as a Commissioner without the
State Government.
(22) Filling up of
casual vacancies of Commissioners.-If any Commissioner appointed or elected, shall be
unable to enter upon or complete his term of office, the vacancy shall be filled by
appointment or election, as the case may be, for the remainder of the term.
(23) Power to
appoint Commissioners if prescribed member not duly elected-If the electorate in any
municipality falls within the prescribed time to elect the number of Commissioners to be
elected in accordance with the provision of Section 11, a date shall be fixed by the
Commissioner of Division for an other election and in Case the electorate still fails to
elect the number or Commissioners as such second election the State Government may appoint
Commissioners to complete that number. Any person so appointed shall be deemed to be duly
elected Commissioner.
CHAIRMAN AND VICE-CHAIRMAN
(24) Appointment or
election of Chairman and Vice-Chairman. -(1) The State Government shall appoint the
Chairman of the Board of every municipality mentioned in the first Schedule of this Act.
It shall be lawful for the State Government by notification, to include in or remove from
the said schedule the name of any municipality, provided that the name of any
municipality, not included in the said schedule, existing on the date on which this Act
comes into force shall not be included in the same. If a Chairman is appointed by official
designation, the person for the time being holding the office shall be Chairman.
(2) At the first meeting of the Municipal
Board after a general election called at the instance of the Deputy Commissioner or the
Sub-divisional Officer, as the case may be, the Commissioner shall elect one from amongst
themselves, who is not an officer of Government appointed under sub section (2) of Section
11, to be the Chairman. The election shall be subject to the approval of the State
Government but pending such approval the person elected shall be competent to discharge
the duties of the Chairman;
Provided that when the first meeting is
dissolved by the President without transacting any business on ground of irregularity in
the convening of the meeting the next meeting will be deemed to be the first meeting for
the purposes of this section as well for the purpose of the Second Schedule.
(3) The said Commissioners shall at the said
meeting or at a subsequent meeting election of their own member, other than an officer
appointed under sub-section (2) of Section 11, to be Vice-Chairman.
(4) When the Commissioner fails to elect a
Chairman or a Vice-Chairman under the preceding sub-sections the State Government shall
appoint by name One of the Commissioners to be Chairman or Vice-Chairman as the case may
be or direct the Deputy Commissioner or the Sub-divisional Officer as the case may be to
fix another date for the purpose of electing the Chairman Or the Vice-Chairman, as the
case may be, and the meeting held on the date so fixed shall be deemed to be the first
meeting for the purposes of this section as well as for the purposes of the Second
Schedule:
Provided that when the State
Government so thinks fit, it may appoint a Government Official to the Chairman, or Vice
Chairman, as the case may be.
(25) Status
and term of office of Chairman and Vice-Chairman-(l) notwithstanding anything
contained in Section 11, every Chairman or Vice-Chairman appointed under the preceding
section, if not already a Commissioner of the Municipal Board of which he shall have been
appointed Chairman or Vice-Chairman, shall from the date of appointment, during the term
of his office, enjoy, subject to the provisions of Section 45 all the rights and
privileges and be subject to all liabilities and disabilities of a Commissioner of the
Municipal Board to which such appointment relates.
(2) Except as otherwise provided in
this, Act, every Chairman and every Vice-Chairman whether appointed or elected shall hold
office from the date of his appointment or election to the date of the election or
appointment of the Chairman of the Board after the next general election, including the
former but excluding the latter of these dates, and shall be eligible for reappointment or
re-election.
(26) When Chairman
and Vice-Chairman cease to hold office as such-When a Commissioner who holds the
office of Chairman or Vice-Chairman ceases for any reason whether to be a Commissioner he
shall at the same time cease to hold the office of Chairman or Vice-Chairman.
(27) When
Government may appoint Chairman –Whenever for any cause the offices, of both the
Chairman an the Vice-Chairman are vacant in any Board the state Government shall appoint
any one from amongst the Commissioners and the Chairman to hold office as such temporarily
till a Chairman is elected,
(28) Powers of
Chairman-(1) The chairman shall, for the transaction or the business connected with
this Act, or for the purpose of making any order authorised thereby, exercise all the
powers vested by this Act in the Board;
Provided that the Chairman shall not
exercise an, power which shall be exercised under the rules by the Executive Officer is
where such officer is appointed under Section 53 of the Act.
Provided also that the Chairman shall not
act in opposition to or in contravention of any order of the Board at a meeting, or
exercise any power which is directed to be exercised by the Board at a meeting.
(2) Notwithstanding anything contained in
sub-section (I) the Chairman may, in cases of emergency direct the execution of any work
or the doing of any act which the Board at a meeting is empowered to execute or do, and
the immediate execution or doing of which is in his opinion, necessary for the service or
safety of the public and may direct that the expense of executing such work or doing such
act incurred as the emergency may require shall be paid for from the municipal fund:
Provided that he shall forwith report the
action taken under this Sub-section and the reason therefor to the Board at a meeting.
(29) Delegation of
duties and powers by Chairman to Vice-Chairman- (1) The Chairman may delegate to the
Vice-Chairman all or any of the duties and powers of a Chairman as defined in this Act,
and may at any time withdraw or modify the same:
Provided that nothing done by the
Vice-chairman, which might have been done under the authority of a delegation from the
Chairman shall be invalid for want of or defect in such delegation if it were done with
the express or implied consent of the Chairman.
(2) During the vacancy in the
office of Vice-Chairman, or the absence of Vice-Chairman on leave or otherwise the
Chairman may, by an order in writing delegate and of his functions to any Commissioner of
the municipality till the Vice-Chairman resumes office or a new Vice-Chairman is elected
or appointed, as the case may be:
Provided that every such order
shall be communicated to the Municipal Board at the next meeting.
(30) Duties of
Vice-Chairman -The Vice-Chairman shall-
(a) during a vacancy in the office of the Chairman or temporary absence of the Chairman
perform any of the duties and when occasion arises, exercise any of the powers of the
Chairman; and
(b) at any time, perform any duty and exercise when occasions arises, any power delegated
to him under Section 38.
(31) Grant of leave
to Chairman or Vice-Chairman- The Board at a meeting may grant leave of absence to its
Chairman or Vice-Chairman for any period not exceeding three months in any one year:
Provided that if a Chairman or
Vice-Chairman who has been granted leave for the maximum period of three months overstays
his leave he shall be deemed to have vacated his office and the acting Chairman or
Vice-Chairman, as the case may be, shall continue to act for him till the vacancy has been
filled up by appointment or by a fresh election at the next meeting of the Board.
(32) Filling of
casual vacancies of Chairman and Vice-Chairman.-(1) If any Chairman or Vice-Chairman
of a Board be unable to complete his full term of office or avails himself of leave
granted under Section 40, the vacancy caused by his resignation, removal, death or leave
shall be filled by appointment or election, as the case may be, and the person so
appointed or elected shall fill such vacancy for the unexpired portion of the term for
which such Chairman or Vice-Chairman would otherwise have continued in office or during
the absence on leave, as the case may be. The election shall be subject to the approval of
the State Government, but pending such approval the person elected shall be competent to
discharge the duties of the Chairman:
Provided that no officer of
Government appointed under sub-section (2) of Section 11 shall be elected as the Chairman.
(2) In case of vacancy in the
office of the Chairman, the Vice-Chairman, and in the Case of vacancy in the office of the
Vice-Chairman, the Chairman, shall call a meeting so as to complete the election within 45
days of the occurrence of the vacancy if the Chairman or the Vice-Chairman, as the case
may be, fails to call the meeting, the Deputy Commissioner or the Sub-Divisional Officer,
as the case may be, shall call the meeting.
(3) In case of such a meeting
for the election of the Chairman, the Vice-Chairman shall preside unless he is himself a
candidate for election as Chairman or for other reasons intimates to the Deputy
Commissioner or the Sub-divisional Officer, as the case may be, in writing his inability
to preside. In such an event any Commissioner who is not a candidate for office of the
Chairman as may be nominated in the form prescribed in the Third Schedule by the Deputy
Commissioner or the Sub-divisional Officer, as the case may be, shall preside.
(4) In Case of such a meeting
called for the election of the Vice-Chairman, the Chairman shall preside unless there is
vacancy in the office of the Chairman in which case any Commissioner who is not a
candidate for the office of the Vice-Chairman as may be nominated by the Deputy
Commissioner or sub-divisional officer, as the case may be, shall preside.
(33)
Allowance of Chairman, Vice-Chairman and Commissioners. -(l) The Chairman and
Vice-Chairman of any municipality may, if the Board thinks fit receive such conveyance
allowances out of the municipal fund as shall from time to time be fixed by the Board at a
meeting:
Provided the grant of
such allowances to a Chairman or Vice-Chairman shall be subject to the approval of the
State Government.
(2) No Commissioners
shall receive or be paid from the municipal fund, any salary or remuneration for services
rendered by him in any capacity whatsoever but may be allowed travelling allowance when
admissible.
CONDUCT OF BUSINESS
(34) Ordinary
and special meetings. -(1) The Commissioners shall meet for the transaction of
business at their office, at least once in every month, and as often as a meeting shall be
called by the Chairman or in his absence, by the Vice-Chairman. if there be no business to
be laid before the Commissioners as any monthly meeting, the Chairman shall instead of
calling the meeting give notice of the fact to each Commissioner three days before the
date which is appointed for the monthly meeting.
(2) The Chairman, or, in his absence, the
Vice-Chairman, may call special meeting whenever he thinks fit and shall call one on a
requisition signed by not less than three of the Commissioners.
(3) If the Chairman or the Vice-Chairman fails
to call a special meeting to meet within twenty days after any such requisition has been
made, the meeting may be called by the persons who signed the requisition.
(35) Annual Budget.
- A Municipal Board shall pass the Annual Budget Estimates for the next financial year
before the end of the preceding financial year:
Provided that when the failure to pass
the Budget as aforesaid in due to causes beyond the control of a Municipal Board or Town
Committee, the Commissioner may on application by the Municipal Board or Town Committee
give such extension of time as he may deem necessary to pass the Budget.
(36) President of
meeting. -(1) The Chairman or in his absence the Vice-Chairman, shall preside at every
meeting, and, in the absence of both the Chairman and Vice-Chairman, the Commissioners
shall choose someone of their member to preside:
Provided that no candidate for
election to the office of Chairman or Vice-Chairman shall preside at the election.
(2) When a meeting under Section 28 is
held for the removal of the Chairman or the Vice-Chairman or both. -:
(a) the
Vice-Chairman or in his absence a member duly elected at the meeting shall preside if the
resolution relates to the removal of the Chairman:
(b) the
Chairman or in his absence a member duly elected at the meeting shall preside if the
resolution relates to the removal Of the Vice-Chairman;
(c) a
member duly elected at the meeting shall preside if the resolution relates to the
simultaneous removal of both the Chairman and the Vice-Chairman.
(37) Manner of
deciding questions. -Save as 0therwise provided in or under this Act, -
(a) all questions at a
meeting of the Board shall be determined by a majority of votes of the Commissioners
present;
(b) in the case of
equality of votes, on any question other than the election of the Chairman, or
Vice-Chairman, the President, if there is one, shall have a second or casting votes;
(c) in the case of
equality of votes in the election of Chairman or Vice-Chairman President, the
determination shall be by the drawl of lots:
Provided that an official
appointed as Chairman under Section 33 shall not have the right to vote save for the
purpose of giving vote under this section.
(38) Quorum:-(l)
No business shall be transacted at any meeting of the Board unless such meeting has been
called by the Chairman or Vice- Chairman, or, under sub-section (3) or Section 43, by
person signing a requisition, nor unless a quorum shall be present.
(2) the quorum necessary for
the transaction of a business at a meeting shall be one half of the total number of
Commissioners of the Board when any of the following subjects are to be disposed of at
such meeting-
(i) scale of establishment and salaries,
(ii)
the framing of bye-laws under Section 302 and of subsidiary rules under Section 306 of the
Act,
(iii)
the annual budget estimate,
(iv)
the appointment or the fixing of the pay or allowances of a paid Secretary, Engineer,
Water Works Superintendent, Health Officer, Assessor or Executive Officer.
(v)
imposition of taxes, fees and tools under Section 68,
(vi)
the election of Chairman or Vice-Chairman,
(vii)
the raising of a loan,
(viii) the subject: of a meeting specially convened as provided in Section 8,
(ix) any other subject prescribed by a subsidiary rule made in this behalf by the Board
under the provisions of section 306 ( 1 ).
(3) For all other business the
quorum shall be one-third of the total number of Commissioners;
Provided that in cases where the
whole number of Commissioners is not evenly visible by three, the one-third sha1l be
ascertained by taking the number next above the whole number which is evenly divisible by
three as the number to be divided,
(4) If at any meeting the prescribed
quorum is not present, the meeting shall stand adjourned to some future day to be
appointed by the President and three day's notice of such adjourned meeting shall be
given,
(5) The Commissioners present at such
adjourned meeting for transaction of business other then those mentioned in sub-section
(2) shall form a quorum whatever their number may be.
(39) Minutes of
proceedings- (1) Minutes of the proceedings of all meetings of the Board shall be
entered in a book to be kept for the purpose, and shall be signed by the President of the
meeting and shall be published in such manner as may be prescribed and shall, at all
reasonable times and without charge, be open to the inspection of the tax-payers.
(2) A copy of the minutes of the
proceeding of all meetings of the Board shall forthwith be forwarded by the Board to the
Deputy Commissioner, and the Commissioner of Division and another copy submitted to the
State Government.
(3) The minutes shall be laid
before the next meeting of the Board for confirmation, and shall also be signed at such
meeting by the President if the same has been correctly entered.
COMMITTEES
(40) Appointment of
Committees- (1) The Board, at a meeting may appoint, from time to time, committees to
assist it in the discharge of any specific duties or class of duties devolving upon it
under this Act, within the whole or any portion of the municipality, and may delegate to
any such committee all or any of its powers, which may be necessary for the purpose of
rendering such assistance, or Withdraw all or any for such powers.
(2) Each committee shall consist of
Commissioners and, when necessary, of such residents with special qualifications whom the
Board at a meeting desires to appoint, in such a case the number of Commissioners shall
not be less than two-thirds of, the whole number of the members of the Committee.
(3) The Commissioners, of such
committees be, liable to all the obligations imposed by this Act On the Commissioners of
the Board in respect of such powers as may be delegated to them.
(4) All the proceedings of any such
committee-subject to confirmation by the Board at a meeting.
(5) All questions connected with
the removal or resignation of Commissioners of committees shall be settled by the Board at
a meeting.
JOINT-COMMITTEE
(41) Formation of
Joint-Committee. -(l) Any Municipal Board may join with any other Local Authority or
with any cantonment authority, or with more than one such local authority or cantonment
authority, in constituting out of their respective bodies a joint-committee, consisting of
not more than two commissioners/members from each of such bodies, for any purpose in which
they are jointly interested, and in delegating to any such joint-committee any power which
might be exercised and which can be lawfully delegated by either or any of the local
authority or cantonment authorities concerned.
(2) Such joint-committee may from
time to time make rules as to the proceedings of any such joint committee and as to the
conduct of correspondence relating to the purpose for which such joint-committee is
constituted.
ESTABLISHMENT
(42)
Appointment and pay of establishment. -(l) The board at a meeting may, from time to
time, determine and appoint the establishment to be employed by it and may fix the
salaries and allowances to be paid to such establishment:
Provided that subject to the scale
of establishment approved by the Board, the Chairman may appoint such persons as he may
think fit with the prescribed qualifications if the monthly salary of the office does not
carry more than fifty rupees or a salary rising by periodical increments to more than
fifty rupees. The Chairman may remove from time to time such persons for inefficiency,
negligence of duty or misconduct:
Provided further that the
appointment of any officer whose pay is wholly or partly contributed by the State
Government shall not be created or abolished without the sanction of the State Government
and that every nomination to, or dismissal from, any such appointment shall be subject to
confirmation by the State Government.
(2) Right of appeal. -Consequent on
disciplinary action against him every employee of a Municipal Board shall have the right
of appeal to the Board from the orders of the Chairman or Vice-Chairman; and in the case
of orders involving dismissal or removal of officers not liable to be so dismissed or
removed by the Chairman or Vice-Chairman, an appeal to the Government in the Local
self-government Department may be filed as may be prescribed by rules.
(3) Gratuity or pension -A
Municipal Board may at a meeting, from time to time, make rules for gratuities or pension
to be granted and paid out of its fund to its establishment subject to the approval of the
State Government.
(4) Provident Fund-A Municipal
Board at a meeting may, with the sanction of the State Government, make rules-
(a) for the creation and management, of a Contributory Provident fund for its
establishment;
(b) for compelling members of its establishment to make contribution to such Fund;
(c) for making contribution to the Fund by the Board at such rates and subject to such
conditions, as may be prescribed, out of the Municipality Fund; and
(d) for the payment of moneys out of such Provident Fund.
(43) Power of
Municipal Board to frame regulations for establishments-The Board at a meeting
specially convened for the purpose, by a resolution In favour of which not less than
two-thirds of the commissioners present at such meeting shall have voted, may make
regulations consistent with this Act and with any rules made thereunder, in respect of
officers and employees on its staff for –
(a) fixing the amount
and nature of the security to be furnished,
(b) regulating the
grant of leave, leave allowances, acting allowances and travelling and other allowances;
and
(c) regulating conduct
and generally laying down condition of Services.
Provided that-
(1) The amount of any
leave, leave allowances, travelling allowances, or gratuity provided for in such
regulations, shall in no case, without the special sanction of the State Government exceed
what would be admissible in case of State Government officials of similar class and
status.
(2) The conditions
under which such allowances are granted or any leave, superannuation or retirement
sanctioned, shall not, without similar sanction, be more favourable than those for the
time being in force for such State Government officials.
(44)
Appointment of Health Officers, Sanitary Inspectors and Water Works, Superintendents, etc.-Notwithstanding
anything contained in section 50, the State Government may require the Board, after
considering any cause that it may show to the contrary, ---
(a) to appoint
such Health Officers, Sanitary Inspectors, other public health establishments and
Water-Works Superintendent as it may consider necessary on such terms as it may, think
fit; or
(b) to employ
such officers of Government, as Health Officers, Sanitary Inspectors and Water Works
Superintendents as it may consider necessary.
(45) Appointment of
Executive Officers- (1) A Municipal Board may appoint an Executive Officer with the
approval of the State Government. The State Government may if it finds that any particular
Board should have an Executive Officer and the said Board does not make such an
appointment, appoint any person as such officer in respect of that particular Board. In
either case the salary of the officer including allowances, etc., and other charges shall
be charged on the Municipal Fund unless the State Government agree to bear the same or any
portion thereof.
(2) The State Government
shall make rules regarding the appointment salaries, conditions of service, powers, duties
and functions of the Executive Officers and other relevant matters connected therewith and
also providing that no disciplinary action shall be taken against the Executive Officer,
except with the approval of the State Government.
LIABILITY OF COMMISSIONER
OF BOARDS AND COMMITTEES
(46) Liability for loss,
waste or misapplication of funds and property- (1) Every Chairman, Vice-Chairman,
Commissioner, Officer or servant of a Municipal Board including a Government servant whose
services are lent to the Board shall be liable for the loss waste or misapplication of any
money Or other property owned by or vested in the Municipal Board, if such loss, waste or
misapplication is a direct consequence of any illegal act, omission, and neglect or
misconduct on his part; and a suit for compensation may be institute against him in any
Court of competent Jurisdiction by the Board.
(2) Every such suit shall be instituted
within one year after the date on which Cause of action arose.
(47) Disqualification of
Commissioner having share or interest is in contracts -No Commissioner of a Board or a
committee shall have without the written permission of the State Government, directly or
indirectly, any share or interest in any contract, lease, sale or purchase of land or any
agreement for the same of any kind whatsoever to which the Board is a party, or shall hold
any office of profit under it and if any Commissioner shall have such share or interest or
shall hold such office he shall thereby become disqualified to continue in office as a
Commissioner, and shall be liable to a fine not exceeding hundred rupees:
Provided that a Commissioner shall no be
so disqualified or liable by reason only of his having a share or interest in-
(i) a contract entered into between the
Board and any incorporated or registered company or any registered Co-operative Society of
which such Commissioner is a member or share holder; or
(ii) any agreement for the loan of money, or my
security for the payment of money only; or
(iii) any newspaper in which any advertisement
relating to the affairs of the municipality are inserted; of his being professionally
engaged on behalf of the Board as a legal or medical practitioner and receiving a fee for
services rendered in his professional capacity.
But no Commissioner shall act as
Commissioner of a Board or committee in any proceedings relating to any matter in which he
is so interested or take any part therein.
Provided that the State Government may as
order in that behalf remove any disqualification or liability mentioned in this section.
(48)
Commissioners disqualif1ed from voting on certain questions.- No Commissioner of a
Board or a committee shall vote on any matter affecting his owns conduct or pecuniary
interest or on any questions which regards exclusively the assessment of himself, or the
valuation of any property in respect of which he is directly or indirectly in any way
interested or of any property of or for which he is a manager or agent, for his liability
to any tax.
VALIDITY
OF ACTS AND PROCEEDINGS
(49)
Presumption and savings-(l) No disqualification, or defect in the election or
appointment, of a person acting as a Commissioner of a Board or a committee or a
joint-committee appointed under this Act or as the President of a meeting of the Board or
of such committee or joint-committee, shall be deemed to violate any act or proceeding of
the Board or of the committee or the joint committee, if the majority of the persons
present at the time of the act being done or proceedings being taken were qualified and
duly elected or appointed Commissioners of the Board or the committee or the
joint-committee.
(2) Until the country is
proved, any document which purport to be the record of the proceedings of the Board or
committee or Joint-committee shall if substantially made and signed is the manner
prescribed for the making and signing of the record of such proceedings, be deemed to be a
correct record of the proceedings or a duly concerned meeting held by a duly constituted
Municipal Board or committee or joint-committee, whereof all the Commissioners were duly
qualified.
(3) The powers of the Board
or of any committee or joint-committee may be exercised notwithstanding any vacancy in
their number.
(4) Accidental omission to
serve notice of a meeting on any Commissioner of a Board or committee or joint-committee
shall not affect the validity of a meeting of the Board or of the committee or
joint-committee.
Chief Executive Officer
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